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3
Inserenda.
Common Law. Custom & Maxims
the subject of legal regulation. A
A Custom in pays of fori or of the Court and fori, is an agreement among
individual modes of conduct that have obtained
among the persons forming a Court in the exercise of Judicial function
concerning a particular sort of case of a nature
to become the subject of legal regulation.
A Custom⊞ ⊞ whether in pays or sub foro is not of itself a Law: though Lawyers
in their confused language have then used to say so:† † v. Jacob's Dict. Article "Custom".
For to be in the habit of doing thus and thus
of your own accord is one thing; to be obliged
to persevere in that habit by dint of punishment
is another.
A is something that Custom is not in itself any thing that can compel: Law is. A custom
is something that men may be compelled
to. But they are not compelled to it, ipso
facto, merely because it is from it's being their custom: when
they are compelled to it, it is by something
further than⊞ ⊞ that of which custom is made up; further their own acts or modes of conduct: of his to
is made up it is by the acts of
others: it is by pain of Law of what such acts⊞ ⊞ (for we speak not here of acts of lawless violence, such as are punishable by Law.) as are Laws
or out of which action Law is made. In short a word it is by force
of Law.
For For A Custom ⊞ ⊞ whether in pays or Sub foro that burthens to which the force of Law has
been thus applied to assure it's continuance, of
to a Custom to which that force has not never been as
yet applied, it will be convenient to have a reason an epithet:
Identifier: | JB/028/126/003 "JB/" can not be assigned to a declared number type with value 28.
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028 |
comment on the commentaries |
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126 |
unwritten law king no wrong custom & maxim |
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003 |
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4 |
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jeremy bentham |
[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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